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Series XVIII No. 7 

JOHNS HOPKINS UNIVERSITY STUDIES 

[ IN 

Historical and Political Science 

I. 

i HERBERT B. ADAMS, Editor 



History is past Politics and Politics are present History. — Freeman 



CONSTITUTION AND ADMISSION OF IOWA 

INTO THE UNION 



By JAMES ALTON JAMES, Ph. D. (J. H/tM2£!2^ 

Professor of History, Northwestern University 




BALTIMORE 

THE JOHNS HOPKINS PRESS 

JULY, 1900 



JOHNS HOPKINS UNIVERSITY STUDIES 

IN 

Historical and Political Science, 

Herbert B. Adams, Editor. 



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*/<i' 



CONSTITUTION AND ADMISSION OF IOWA 
INTO THE UNION 



Series XVIII No. 7 

JOHNS HOPKINS UNIVERSITY STUDIES 

IN 

Historical and Political Science 

HERBERT B. ADAMS, Editor 



History is past Politics and Politics are present History. — Freeman 



CONSTITUTION AND ADMISSION OF IOWA 

INTO THE UNION 



By JAMES ALTON JAMES, Ph. D. (J. H. U.) 

Professor of History, Northwestern University 






BALTIMORE 

THE JOHNS HOPKINS PRESS 

JULY, 1900 



\ Co 



f^y 2- 






10853 

Two Copies fifcfivfo 
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Deliver*^ (9 
0«0£ft OIVISI0N, 



Copyright, 1900, by 

N. MURRAY 



THE FRIEDENWALD COMPANY 

BALTIMORE, MD., U. S. A. 



TABLE OF CONTENTS 



PAGE 

I. Introduction, 7 

II. Government Before the Territory or Iowa was 

Established, 9 

III. Events Leading to the Constitutional Convention 

OF 1844, 13 

IV. The Constitution of 1844, 17 

1. What was to be the Status of the Negro ? 

2. The Establishment of Banks and of Schools. 

3. The Contest Aroused in Congress. 

4. The Constitution Submitted to the People. 

5. Resubmission of the Constitution to the People. 

V. The Convention and the Constitution of 1846, . . 33 

1. The Bank Question. 

2. Other Features of the Constitution. 

VI. Iowa Becomes a State, 37 

VII. The Calling of the Constitutional Convention of 

1857, 39 

VIII. The Constitutional Convention of 1857, 41 

1. The Bank Problem. 

2. Eights of the Negroes. 

3. Other Provisions of the Constitution. 

IX. Amendments of the Constitution, 51 



CONSTITUTION AND ADMISSION OF IOWA 
INTO THE UNION 



I. — Introduction.^ 

Since the States of the Middle West have become so 
prominent in the decisions on national issues, it is interest- 
ing to contemplate their coming into the political arena. 
By such a study we may comprehend more fully the sig- 
nificance of fifty years of our nation's growth and the devel- 
opment of new principles. Especially is the study of the 
evolution of Statehood opportune while we are permitted 
to supplement the written records, at times misleading, by 
the testimony of those who were actively engaged in the 
contest for admission. 

It is hoped that this study may contribute somewhat 
to the more orderly presentation of material, some of which 
is difficult of access, and thus aid the future historian at 
once to correct some of the statements made by past writers, 
and give a more complete account of the problems sur- 
rounding the coming of Iowa into the Union. 

Iowa was the subject for a great amount of legislation 

^ For many of the facts of this study, I am indebted to the Hon. 
T. S. Parvin, LL. D., one of the district attorneys of the Iowa 
Territory. He has also been a careful observer of the development 
of the State since it was admitted into the Union. 

I am also under obligation to the librarians and other officials of 
the Masonic Library of Cedar Rapids, of the State Historical 
Society of Iowa City, and of the State Historical Society of Des 
Moines for their kindly assistance. 

The collecting of material was begun while I occupied the chair 
of History in Cornell College. Partial results were set forth in a 
Tolume of the American Historical Association, 1897, pp. 161-173, 
on National Politics and the Admission of Iowa into the Union. 



8 Constitution and Admission [346 

before the time of its application to become a State. As a 
part of the vast territory west of the Mississippi river, it 
was claimed in turn by England and France, was ceded to 
Spain and again to France and was finally purchased in 
1803 by the United States. By an act of March 26, 1804, 
the Louisiana purchase was divided into two territories. 
One of these, the territory of Orleans, was given a definite 
territorial government. The other, the district of Louisi- 
ana, was allowed to remain practically without organization 
in itself, but was placed under the jurisdiction of the terri- 
tory of Indiana. The people of the district were dissatis- 
fied with such a settlement and their representatives, assem- 
bled at St. Louis, sent a vigorous remonstrance to Congress 
against the '' dictates of a foreign government," the " viola- 
tion of the principles of liberty and equality " and other sup- 
posed abuses. Their petition for the establishment of a 
separate territory was effective, and in March, 1805, the 
Territory of Louisiana was created. 

In 1812, this territory was recognized as the territory of 
Missouri. When Missouri became a State in 1821, there 
was no provision made for the government of the territory 
to the north, which embraced the future commonwealth 
of Iowa. This condition seems to have obtained until 
1834, when it was included in the territory of Michigan. 
The act declared that it was for the purpose of temporary 
government, and that the inhabitants therein shall be en- 
titled to the sarae privileges and immunities and be subject 
to the same laws, rules and regulations in all respects as the 
other citizens in Michigan Territory.' When the territory 

^ In spite of this decree, there seems to have been little heed paid 
to the securing of an orderly form of government in that portion 
of the territory west of the Mississippi river. In the discussion of 
the question as to the advisability of forming a separate territorial 
government for Wisconsin, March 28, 1836, this lack of govern- 
ment was set forth. The judge appointed under the act of 1823, 
which provided an additional judge for Michigan territory, having 
jurisdiction within the counties of Michilmackinac, Brown and 
Crawford, declared that he had no authority outside these three 



347] of Iowa into the Union^ 9 

of Wisconsin was established by an act of July 4, 1836, Iowa 
was included and remained under the jurisdiction of that 
territory until it was organized as a separate territory, June 
12, 1838/ 



II. — Government Before the Territory of Iowa 
WAS Established 

The lack of organized government for Iowa before the 
year 1830 was of little moment, for it was not until that 
year that the first white settlement was made. During this 
year a company of miners crossed the river from Illinois, 
and settled at Dubuque for the purpose of working the 
lead mines. They quickly agreed tO' a compact, which was 
to constitute a government suitable to themselves. But 
the land of which they took' possession was still owned by 
the Sac and Fox Indians, and troops were sent by the 
United States Government to protect the Indian rights. 
By 1834, the Indian title had been extinguished and some 
two thousand persons were living in Dubuque, still under 
their self-constituted government, the United States hav- 
ing made no provision for the settlement of the territory. 
Settlements were also made at Burlington, Keokuk and 
several other places. Unlike the mining camp at Dubuque, 
these settlers had come, bringing their families with them, 
for the purpose of founding homes. Settlers first went to 
Burlington in 1832, and they organized their first local 
government in 1833. The land of which they had taken 

counties. In the case of a murder committed in the county of 
Dubuque, " the murderers were discharged, after argument before 
the judge, for want of power to punish them. The Committee on 
Judiciary had recently received intelligence that, for want of law 
to punish these murderers, one of them had been, a few weeks 
since, deliberately shot down in the public streets of the town of 
Dubuque." Congressional Debates, Vol. XII, part I, p. 978. 

^ Reprinted from the United States Statutes at Large, Vol. V, 
P- 235. Quoted in Shambaugh, Documentary Material Relating to 
the History of Iowa, No. 5, pp. 102-116. 



10 Constitution and Admission [348 

possession had not been surveyed. How, then, were they 
to hold it? The improvements made for their actions were 
clearly contrary to a decree of Congress/ Regardless of 
this fact, settlements multiplied, each with its local organi- 
zation, usually known as " Claim Association." 

The principal features of these organizations were prac- 
tically the same.^ (i) There was a provision as to the amount 
of land in a claim. In some cases this was four hundred 
and eighty acres; in others it was one hundred and sixty 
acres. There was sometimes a provision as to what part 
should be prairie and what part timber. (2) There was a 
provision as to the amount of improvement required to hold 
the claim in cases where the claim was not occupied. (3) 
There was a provision as to occupancy. Desertion for a 
specified time or a failure to make the required improve- 
ments worked forfeiture. (4) Claims could be sold to any 
person approved by the organization, and the buyer had all 
the privileges and obligations of the original claimant. A 
deed was given and recorded. (5) Provisions were made 
for settling disputes between claimants. As the govern- 
ment surveys had not been made, each claimant could have 
his amount of land, but he could not tell where his lines 
would be. Valuable improvements were made before the 
surveys; this naturally gave rise to difficulties and disputes. 
Provisions for settling these were of different sorts. The 
members of the organization bound themselves to abide 
by the decisions of courts established by the association ; or 
difficulties were settled in mass meeting; or especial ar- 
biters were chosen to settle special cases; or a neighboring 
organization was invited to assist in settling a difficulty. 
In one or another of these ways nearly all cases were ad- 
justed in an orderly way. (6) There were provisions for 

* By act of 1807, trespassers upon United States territory were 
subject to removal, fine and imprisonment. 

'^ For the constitution of an association, see Macy, Institutional 
Beginnings in a Western State; Johns Hopkins University Studies 
in Historical and Political Science, Vol. II, pp. 33-38. 



349] of Iowa into the Union, 11 

securing the enforcement of all decisions and for protecting 
their claims against outside parties." ** When the land 
was placed on the market by Congressional authority the 
decrees of the associations were completely enforced. No 
difficulty was experienced on the part of the original claim- 
ants in securing, through their special delegates, at a nom- 
inal rate, the lands which they had taken.' 

In addition to this type of local government, the territory 
of Michigan created out of the area west of the Mississippi 
river, the counties of Dubuque and Des Moines, each of 
which was to constitute a township. Wisconsin, too, pro- 
vided for the creation of sixteen counties within the same 
area, each having a carefully organized system of town- 
ships. These legislative units were of little force against 
the earlier organizations even during the first years after a 
separate territorial government was formed. 

While these pioneers were content with their own local 
government, they appreciated the need of a government 
which would be adequate for the administration of more 
general afifairs. So in 1837, the question of organizing a 
territorial government was taken up for the first time by 
a convention which met in Burlington. They adopted a 
memorial tO' Congress in which they set forth their needs 
as follows: "From June, 1833, until June, 1834, a period 
of one year, there was not even a shadow of government 
or law in all western Wisconsin. In June, 1834, Congress 
attached her to the then existing Territory of Michigan, of 

" Macy, Institutional Beginnings in a Western State; Johns Hop- 
kins University Studies in Historical and Political Science, Vol. H, 
pp. II, 12. 

^ This occupation of land which had been recorded by the Asso- 
ciation was declared to be legal by the territorial legislature. But 
this decision was clearly contrary to the intent of the act of 1807. 
It was sanctioned, however, by a decision of the Supreme Court of 
the territory in a test case during the year 1840. Iowa, by this 
virtual annulment of a United States statute, showed that inde- 
pendence characteristic of the commonwealth in the later contest 
by which it became a State. 



12 Constitution and Admission [350 

which Territory she nominally continued a part until 1836, 
a period of little more than two years. During the whole 
of this time, the whole country west, sufficient of itself for 
a respectable State, was included in the two counties of 
Dubuque and Des Moines. In each of these two counties 
there were holden, during the said term of two years, two 
terms of a county court (a court of inferior jurisdiction), 
as the only source of judicial relief up to the passage of the 
act of Congress creating the Territory of Wisconsin. That 
act took effect the third day of July, 1836, and the first 
judicial relief under that act was at the April term follow- 
ing, 1837, a period of nine months after its passage; subse- 
quent to which time there has been a court holden in one 
solitary county in western Wisconsin only. This, your 
memorialists are aware, has been recently owing to the un- 
fortunate indisposition of the esteemed and meritorious 
Judge of our district; but they are equally aware of the fact 
that had western Wisconsin existed under a separate organ- 
ization, we should have found relief in the services of other 
members of the judiciary, who are at present, in conseqence 
of the great extent of our Territory, and the small number 
of judges dispersed at too great a distance and too con- 
stantly engaged in the discharge of the duties of their own 
districts, to be enabled to afford relief to other portions of the 
Territory. Thus, with a population of not less than twenty- 
five thousand now, and of near half that number at the or- 
ganization of the Territory (of Wisconsin), it will appear 
that we have existed as a portion of an organized Terri- 
tory for sixteen months with but one term of court only."" 
Evidently the desired effect was produced, for Congress, by 
an act of June 12, 1838, constituted the " Organic Law," 
which was virtually a Constitution for the Territory of 
lowa.^ 

* Quoted in Macy, Institutional Beginnings in a Western State; 
Johns Hopkins University Studies in Historical and Political 
Science, Vol. H, pp. 9, 10. 

® The organic act is given in Shambaugh, Documentary Material 



351] of Iowa into the Union, 13 

III. — Events Leading to the Constitutional Conven- 
tion OF 1844 

That ambitious characteristic of American pioneers 
quickly asserted itself. Some of her prominent men spoke 
of an early admission into the Union, Her governor in 
1839'" recommended to the Legislative Assembly that a me- 
morial to Congress be prepared asking that body to pass 
an enabling act at their next session. His reasons for tak- 
ing this step were warranted, he thought, in consideration 
of the rapidly increasing population and advancing pros- 
perity of the territory and because of the inherent weakness 
of the government at that time. He cited the example of 
Ohio, Indiana and Illinois, whose prosperity was much en- 
hanced after they became States. The question was then 
agitated in the Legislative Assembly. A minority report 
of the committee on territorial affairs seconded the recom- 
mendation of the governor, but the report of the majority 
was adopted." This majority resolution set forth the inex- 
pediency of such a move at that time; holding that a State 
government w^ould increase the burden of taxation and 
that the people needed all the means at their command for 
the making of hom.es. It was further asserted that Iowa, 
when made a territory, was given '' ample liberty and free- 
dom in local self-government," a privilege not granted to 
territories previous to that time."' 

A message of Governor Lucas of July 14, 1840,"^ again 

Relating to the History of Iowa, No. 5, pp. 102-116. Reprinted 
from the United States Statutes at Large, Vol. V, p. 135. 

" This act must be viewed b}^ us as the Constitutional Charter of 
the Territory; it prescribes our powers, defines our duties, directs 
our actions, and points out our rights and privileges." From the 
Message of Governor Lucas, Nov. 12, 1838. 

^° Message of Governor Lucas, November 5, 1839. 

'^ The vote stood 21 to 4. 

^ Iowa City Standard, Feb. 19, 1842. From a letter of Francis 
Springer, a member of the Council. 

^^ Journal of House of Representatives, Extra Session, 1840. 



14 Constitution and Admission [352 

suggested that the Legislative Assembly should provide for 
the taking of the sense of the people, at the next annual 
election, relative to a constitutional convention. In accord 
with his wishes, an act was passed, July 31, 1840, calling for 
a vote of the people on this question. In August of that 
year, the proposition for a convention was defeated by a 
large majority." 

But the question was by no means settled. In his mes- 
sage of the following year, Governor Chambers" also spoke 
of the legislation which would be necessary tO' again secure 
the dictum of the people, on the question of a convention, 
as being of paramount importance. He doubted not but 
that the rapid increase of the population'" and the recent 
legislation of Congress on the disposition of the proceeds 
of the sales of the public lands would have much to do 
in changing public sentiment. Again, an act of the Legis- 
lative Assembly called for a vote of the people in August of 
the following year. This result was largely produced 
through the vigorous use of the party whip. In general, 
the Whigs, then holding the offices by appointment from 
Washington, were opposed,. The Democrats, with a prob- 
able majority in the Territory, hoped to obtain the spoils 
when Iowa should become a State. Various arguments in 
favor of the convention were set forth by the Democratic 
press. It was held that the population of the State would 
be rapidly increased. They believed large numbers would 
come into the State from Illinois and Indiana, hoping thus 
to escape the embarrassed financial condition of those 
states." The one thing which the people of Iowa feared 

"Vote for a convention, 937; against, 2907. Iowa City Standard, 
Vol. I, Nov. 27, 1840. 

'' Message of Dec. 8, 1841. 

^® By the census of June i, 1840, there were 43,000 inhabitants, an 
increase of over 21,000 in two years. Iowa Capitol Reporter, Jan. i, 
1842. 

" As a safeguard against such a condition ever obtaining in Iowa, 
it was urged that the Constitution ought to be so framed as to 
prevent the creation of a state debt in any form. 



353] of Iowa into the Union, 15 

and largely determined the vote against the convention, 
was just this of financial burdens. The privilege of 
electing their own officers instead of receiving those sent 
them was urged; also the greater influence which the State 
would have in the councils of the nation. That the taxes 
would be slightly augmented was admitted. As an offset, 
it was asserted that they would obtain, through their greater 
influence, much larger appropriations for internal improve- 
ments, then '* few and far between, but trifling in import- 
ance compared with those which are annually lavished upon 
the Atlantic frontier or even upon the lake coast." '' The 
then prevalent Western sentiment against Eastern domi- 
nance is deftly used, and it was urged that the Senators and 
Representatives from Iowa might be the means of greatly 
aiding in preventing '' Western interests from being longer 
neglected." An appeal was made to parents on behalf of 
the education of their children, for no aid could be gotten 
from the lands reserved for school purposes while Iowa 
remained a territory. Finally, they insist that if they do 
not now apply for admission it will be delayed for some 
time, for Wisconsin will be admitted along with Florida 
and there will remain no slave state which may be paired 
with Iowa. The stock arguments brought forward against 
a convention were that there would certainly be a great 
increase of taxation in order tO' maintain a state govern- 
ment, and that it was merely a scheme of Democratic office- 
seekers. The necessity of paying for their own administra- 
tion of government, by the levying of taxes, again fright- 
ened the people and they decided against the convention.'" 

Another message of Governor Chambers'''' looking to the 
same end was laid on the table by the Territorial House of 
Representatives. Finally, however, an act of the legisla- 
ture passed February 12, 1844, providing for a constitu- 

^® Iowa Capitol Reporter, June 18, 1842. 

^® Vote for a convention, 4129; against, 6825. Iowa City Standard, 
Vol. II, Sept. 10, 1842. 
^ Message, Dec. 4, 1843. Journal House of Representatives, p. 10. 



16 Constitution and Admission [354 

tional convention, was sanctioned by a majority of the 
qualified voters in the April election.''" The arguments 
for and against the convention were practically the same as 
those already given. The Whig press gave its version as 
follows : " There is in this Territory a set of speculating 
politicians, mere soldiers of fortune, whose whole souls are 
wrapped in the endeavor to rush the Territory into a State 
organization in the belief that their precious selves will get 
elected to the ofifices that will be created. The people have 
already repudiated them and their offers on two occasions, 
and if true to themselves, they will do it a third time. It is 
no light matter to propose to the people of this Territory, 
poor as they are, and even now almost without a circulating 
medium, that they shall give up the yearly receipt of some 
sixty thousand dollars in hard cash and tax themselves some 
forty thousand dollars for the support of a State govern- 
ment. The difference that it would make with each land- 
holding elector, and upon that class the principal burden of 
this change would fall, could not be less than ten dollars 
per annum upon an average, and it is not unlikely it would 
be even more." ^' There was a striking democratic tone in 
the meetings which were held to select delegate's tO' the 
convention. Resolutions were prepared in many of them. 
One of these statements declared that they looked upon the 
common phraseology used in petitioning legislative bodies, 
such as " we humbly ask your honorable bodies "; " we will 
as in duty bound ever pray," as relics of monarchy and 
wholly incompatible with the rights of freemen and the 
spirit of our noble institutions and ought to be dispensed 
with in future. A lack of confidence in the men of the so- 
called professions on the part of the farmers is notably 
present. " We wish," so an address to the people asserted,"" 
" every class of our citizens fairly and fully represented by 

^^ Majority in favor of State government, 2913. Hull, Historical 
and Comparative Census of Iowa, Introduction, p. ix. 
^^ Iowa City Standard, Feb. 29, 1844. 
^^ Iowa City Standard, June 6, 1844. 



355] of Iowa into the Union. 17 

their peers, and however much we value and honor the vari- 
ous professions of our country, still we believe they cannot, 
from the very nature of things by any possibility, enter into 
the feelings and understand the wants of a working commu- 
nity and not being their peers, cannot fairly represent them; 
and, aside from this, there is such a disparity between the 
prices generally charged by professional men for their 
services and the prices we are allowed for hard labor that we 
have but little reason to hope for a fair, equal and eco- 
nomical government from their hands." '* Party lines based 
on national party principles were closely drawn in the selec- 
tion of delegates to the convention.'^ 

The charges and counter-charges made in the conduct of 
the campaign were not materially different from those 
heard to-day/' 

IV. — The Constitution of 1844 

The convention which was to frame a constitution met at 
Iowa City, October 7, 1844. Of the seventy-three mem- 
bers constituting that body, fifty-two were Democrats. The 



** Forty-six of the seventy-three members in the convention v/ere 
farmers. 

'^^ We contend that the Whig party has kept the faith handed 
down from the Whigs of the Revolution and the Framers of the 
Constitution. We contend that a constitution for the State of 
Iowa formed under the auspices of the Whigs would, with the 
greatest degree of certainty, secure to her all the advantages of 
good government and wholesome laws. Iowa City Standard, July 
18, 1844. 

^The defeated party declared: "We have just passed through a 
most important and exciting canvass in this country, where 
Locofocoism used every means that corruption could suggest or 
ingenuity devise for the purpose of re-establishing its departing 
ascendency. Lies were spoken and printed, money was subscribed 
and spent, midnight expeditions were got up, voters were imported, 
imbeciles were rushed to the polls, some were made drunk, some 
were overawed; in a word, nothing was left undone by the Loco- 
focos to carry the country. On the other hand, the Whigs made 
just their usual exertion, nothing more." Iowa City Standard, 
Aug. 8, 1844. 



18 Constitution and Admission [356 

members had come to Iowa from fourteen different States. 
A majority of the delegates were from Northern States." 

A heated discussion was projected at the outset upon the 
desirabihty of opening the convention each day with 
prayer.'* The question was finally indefinitely postponed. 

That desire of keeping constituents informed of the do- 
ings of their representatives had not taken possession of 
the American mind of that period. A majority of the mem- 
bers from the beginning were opposed to the additional ex- 
pense of the convention which would ensue were members 
to be allowed to subscribe for even ten copies of the papers 
published in the city where they were in session. Notwith- 
standing the urgent appeal on the part of some of the mem- 
bers that it was poor economy tO' deny the people informa- 
tion upon a subject of such special importance and one upon 
which they would be called upon to express their opinions 
in the near future, the cry of economy prevailed. 

I. WHAT WAS TO BE THE STATUS OF THE NEGRO? 

Iowa, as early as the year 1840, had been given its posi- 
tion relative to one phase of the slavery question. At that 
time her Chief Justice, Charles Mason, in delivering the de- 
cision of the Court, ''' took the advanced ground that Iowa 
was free soil, and that when a slave, with the consent of his 

^^Pennsylvania, 13; Virginia, 11; New York, 9; Kentucky, 8; 
Ohio, 8; North Carolina, 6; and the remainder from Massachusetts, 
Indiana, Tennessee, Maine, Illinois, New Jersey and Scotland. 

^® It was declared " It would not be economical, for the conven- 
tion sat at an expense of two hundred to three hundred dollars per 
day, and time was money. To pass a resolution to have prayers 
was compelling men to listen to what they were opposed to and 
violated one of the inalienable rights of men." Public prayer was 
too ostentatious. If the convention had a right to pass such a 
resolution, it had the right to establish a religion. It had no right 
to bring members on their knees every morning. Absent members 
might be brought in and compelled to hear what they were opposed 
to. This was contrary to the inalienable rights of man. Iowa City 
Standard, Oct. 10, 1844. 

^° The Territorial Supreme Court consisted of three justices. 



357] of Iowa into the Union,. 19 

owner, entered this territory, from that moment he was 
free." 

Like the rest of the Northern States, there was the de- 
sire to prohibit slavery by means of a constitutional pro- 
vision. But the framers of this constitution were opposed 
to the giving of free negroes those civil, social, and educa- 
tional privileges enjoyed by white men. The report of a 
special committee, upon a petition from a considerable 
body of citizens, sets forth the prevailing sentiment of the 
period. This report admitted the truth of the expression, 
that '' all men are created equal," as an abstract proposition, 
but holds that it becomes modified when man is considered 
as a part of an artificial state in which government places 
him. It asserts that the philanthropist should commis- 
serate the fate also of women and children who, in like man- 
ner, are deprived of certain rights. Then follows what was 
considered conclusive reasoning on the proposition that that 
government is not unjust which deprives the " citizen of 
color " of some privileges. It was held that the whole sub- 
ject should be treated as a question of policy or contract 
where self-interest is just as properly consulted as in the 
promotion of a commercial treaty or a private contract. 
" 'Tis the white population,'' the report continues, " who 
are about to form a government for themselves, no negro 
is represented in this convention and no one proposes to 
become a member of the compact. 'Tis the white popula- 
tion of this territory who petition for the admission of the 
negro. They necessarily believe that the introduction of 

^^ Morris, Iowa Reports, 1848. The report is as follows: '' In the 
matter of Ralph, a colored man, on habeas corpus. Where A., 
formerly a slave, goes, with the consent of his master, to become 
a permanent resident of a Free State, he cannot be regarded as a 
fugitive slave. The act of 1820, for the admission of Missouri into 
the Union, which prohibits slavery north of 36° 30', was not in- 
tended merely as a naked declaration, requiring legislative action 
in the states to carry it into effect, but must be regarded as an 
entire and final prohibition. The master, who subsequently to this 
act, permits his slave to become a resident here, cannot afterwards 
exercise any acts of ownership over him within this territory." 



20 Constitution and Admission [358 

such a population as citizens would not interfere with the 
enjoyments of the white citizens. . . ,. The negro, not be- 
ing a party to the government, has no right to partake of 
its privileges." They feared, a common argument of the 
time,*^ if concessions were made that the black population 
of other states would enter Iowa. That there was little 
basis for such an argument"'' was of small moment, but it 
was convincing. Then follows an enumeration of abuses 
which it was thought would be introduced; the ballot-box 
would fall into the hands of the negroes and a train of evils 
ensue beyond calculation; there would be less security to 
persons and private property; discord and violence would 
ensue if the two races were put on equal terms ; and, finally, 
government itself would become anarchical or despotic. 
This report was laid on the table, and notwithstanding the 
various petitions received, there was no attempt to revive 
the question either in this convention or that of 1846. 

2. THE ESTABLISHMENT OF BANKS AND OF SCHOOLS 

The refusal of President Jackson to sign the bill which 
allowed the re-charter of the United States Bank had its 

'^ Thorpe, Constitutional History of the American People, Vol. 
II, pp. 250, 251. 

^^ " Since 1792, suffrage in Mew Hampshire had been unrestricted. 
Connecticut, less liberal, had restricted the right to vote to white 
persons. In 1800, the free colored population of New Hampshire 
was eight hundred and eighteen; ten years later it had increased to 
nine hundred and seventy, or nineteen per cent. In 1800, the free 
colored population of Connecticut was five thousand three hundred 
and thirty, which ten years later had increased twenty-one per cent. 
... In 1830, the free colored population of New Hampshire was 
six hundred and four, or thirty-three per cent less than ten years 
previously; while in Connecticut at this time it had increased three 
per cent. In 1840, the free colored population of New Hampshire 
showed a loss of over ten per cent; while in Connecticut it had 
increased, though only one per cent. Thus during a period of 
forty years the free colored population of New Hampshire fell from 
eight hundred and eighteen to five hundred and thirty-seven, a loss 
of thirty-three per cent; while in Connecticut it increased from 
five thousand three hundred and thirty to eight thousand one hun- 
dred and five, or about fifty per cent." Thorpe, Constitutional His- 
tory of the American People, Vol. II, pp. 251, 252. 



359] of Iowa into the Union. 21 

effect as far west as the, then, really unknown district of 
Iowa. Almost two years before Iowa was given a terri- 
torial government, the Wisconsin Legislature granted a 
charter for the formation of a corporation bearing the name 
of the Miner's Bank of Dubuque.^^ This charter was to 
continue in force until May i, 1857. Business might be 
begun when there should be forty thousand dollars in 
stock paid in. No bills of a less denomination than five 
dollars were to be issued during the first four years of its 
existence. At the end of this period, the Legislature might 
prohibit the issue of bills for a less denomination than ten 
dollars, and at the end of ten years, prohibit those under 
the denomination of twenty dollars. In common with other 
banks throughout the country, the Miner's Bank was 
greatly crippled by the issue of the Special Circular by 
President Jackson. It was compelled, too, March i, 1841, 
to suspend specie payments.^* This necessity brought the 
Bank into general disfavor and a bill introduced into the 
fifth Legislative Assembly provided for the repeal of its 
charter. Failing of a majority for the time, the contest on 
the same measure was aroused in the two succeeding as- 
semblies. Finally, May 14, 1845, the bill was passed.^ The 

^^ Charter granted, Nov. 30, 1836. For the facts on this subject, 
I am chiefly indebted to H. W. Lathrop, of Iowa City. Mr, Lath- 
rop has given the account in the Iowa Historical Record for April, 

1897, pp. 54-65. 

^* " During the pendency of the bill in the Fifth Legislative As- 
sembly, a report was made by a committee to whom it was referred, 
containing the statement that the Territory was owing the bank 
$5876.25, then long overdue; and that this, with the specie on hand, 
was enough to redeem all its outstanding notes not in the hands of 
the stockholders." Iowa Historical Record, April, 1897, p. 57. 
This money had been used in the construction of the Capitol build- 
ing at Iowa City. 

^° This whole contest with the bank seems to have been " a war- 
fare between weakness and poverty on one side, and impecuniosity, 
bank prejudice and legal power on the other." 

" While the Territory, represented by the Legislative Assembly, 
was trying to force the Bank to pay specie on its notes, so de- 
pressed was public credit, that territorial warrants were hawked 
about the streets at a fifty per cent discount, because there was 



22 Constitution and Admission [360 

friends of the bank were compelled to acquiesce after a 
decision was rendered against them by the Supreme Court. 

The Convention of 1844 partook of the spirit of opposi- 
tion to banks then strong in the territory and becomin^g 
stronger throughout the Union. No question was dis- 
cussed, by them, at greater length. Finally they agreed 
by taking a position in advance of that which had been 
taken in the other states. They provided that no banking 
institution of whatever nature should be created by the 
Legislature unless the charter should first be submitted to 
a vote of the people at a general election for State officers, 
and receive a majority of the votes of the qualified electors.^^ 
The State was not to become a stockholder in any such 
institution. 

Feeling against the establishment of corporations was 
also strong.^^ The clause at last agreed upon, provided that 
no act of incorporation should continue in force for more 
than twenty years, unless it had been created for the pur- 
pose of carrying on public improvement; that the property 
of the individual members should be liable for the debts of 
the incorporation; that the legislature might repeal acts of 
incorporation granted by it whenever it so chose, and that 
the property of the inhabitants of the State should not, 
without the consent of the owner, be taken by any such 
company. Counties, towns, and other public corporations 
were not to be subject to these limitations. 

Schools were early established in the territory of lowa.^* 
To the urgent appeals of her territorial government ^^ and 

no specie or any other money on hand to pay them." Iowa His- 
torical Record, April, 1897, p. 58. 

^® Journal of the Constitutional Convention, 1844, p. 200. 

^^ " These soulless monsters have tyrannized enough; and we re- 
joice that Iowa in the outset has bound the hydra, hand and foot." 
Iowa Capitol Reporter, Vol. Ill, p. 43, No. 9, 1844. 

^' The first school was established in Iowa in 1830. Parvin, 
" Who Made Iowa," pp. 19, 20. 

^® In his first message to the territorial Legislature, Governor 
Lucas, the first governor of the territory, said: "The subject of 
providing by law for the organization of townships I consider to 



V 



361] of Iowa into the Union, 23 

the co-operation of her territorial Legislatures is largely due 
the foundation for the present excellent common school 
system. It is not surprising then that the Iowa Constitu- 
tional Conventions paid much attention to the cause of 
education. The Convention of 1844 set forth its views in 
one of the most striking clause of the Constitution. There 
was to be a Superintendent of Public Instruction appointed 
by the Legislature for a term of three years. Improvement 
along " intellectual, scientific, moral, and agricultural lines, 
was to be promoted through the expenditure of the interest 
derived from a perpetual fund. The sources for this fund 
were to be from the sale of all lands granted to the State by 
the United States for the support of schools; the five hun- 
dred thousand acres of public lands to be received under 
the act of 1841; ''all estates of deceased persons without 
will or without heirs " ; and the rents of all unsold lands 
within the State. It provided also that the Legislature 
should establish a system of common schools by which they 
should be maintained for at least three months during the 
year in each school district. There was to be established at 
the earliest time possible, a library in each township, which 
should derive support from money paid as exemption from 
military duty and the proceeds from fines in the several 
counties. The means provided for University education, 
through the sale or rent of lands granted by the United 
States Government, was to be guarded as a permanent fund 
for the University purposes. 

After a session of twenty-five days, the Constitution was 
completed and was submitted to Congress by the territorial 
delegate.*' 

be of the first importance and almost indispensable to the local 
organization of the government. Without proper township regu- 
lations it will be extremely difficult, if not impossible, to establish 
a regular school system. There is no subject to which I wish to 
call your attention more emphatically than to the subject of estab- 
lishing at the commencement of our political existence a well- 
digested system of common schools." Quoted in Parvin, Who 
Made Iowa, p. 26. 
*° The boundary proposed was the following: Beginning in the 



24 Constitution and Admission [3G2 

3. THE CONTEST AROUSED IN CONGRESS 

A significant contest was aroused when the question of 
the admission of Iowa was presented before Congress. 
True, it was but the '' old struggle for legislative suprem- 
acy " between freedom and slavery, but it was now at close 
quarters. Florida had submitted her Constitution to Con- 
gress in 1839, but because of internal dissensions in the 
Territory she was not admitted to Statehood. Texas, with 
a territory out of which might be carved " four or five 
states," had just come under national jurisdiction. Mem- 
bers were fearful for the equipoise of the numbers in the 
Senate and the committee was thus led to recommend for 
consideration in the House that " aged, waiting, slave-hold- 
ing Florida '' should be '' yoked " in one bill with " young, 
energetic, free Iowa." 

The Committee on the Territories accepted the constitu- 
tions submitted and reported a bill for the simultaneous ad- 
mission of the two States. The conflict was precipitated at 
once by the introduction of an amendment ^ which provided 
that Iowa should have the following boundary in place of 
that given by the convention and believed to be the most 
natural:*^ "Beginning in the middle of the St. Peter's 



middle of the main channel of the Mississippi River opposite the 
mouth of the Des Moines River; thence up the said river Des 
Moines in the middle of the main channel thereof, to a point where 
it is intersected by the old Indian boundary line, or line run by 
John C. Sullivan in the year 1816; thence westwardly along said 
line to the "old northwest corner of Missouri"; thence due west 
to the middle of the main channel of the Missouri River; thence 
up in the middle of the main channel of the river last mentioned 
to the mouth of the Sioux or Calumet River; thence in a direct 
line to the middle of the main channel of the St. Peter's River, 
where the Watonwan River (according to Nicollet's map) enters 
the same; thence down the middle of the main channel of said 
river to the middle of the main channel of the Mississippi River; 
thence down the middle of the main channel of said river to the 
place of beginning. 

*^ Congressional Globe, Vol. 14, p. 269. This amendment, offered 
by an Ohio Representative, was an amendment to an amendment 
" defining the boundaries of Iowa and Missouri." 

" Capitol City Reporter, Nov. 9, 1844. 



363] of Iowa into the Union^ 25- 

River, at the junction of the Watonwan or Blue Earth 
River; with the said river St. Peter's running thence due 
east to the boundary Hne of the Territory of Wisconsin in 
the middle of the Mississippi River; thence down the middle 
of the last-named river with the boundary line of the Terri- 
tory of Wisconsin and State of Illinois to the northeast 
corner of the State of Missouri in said river Mississippi; 
thence westwardly with the boundary line of said State of 
Missouri to a point due south from the place of beginning; 
thence due north to the place of beginning in said St. Peter's 
River." *" 

The question did not call out a lengthy debate either in 
the House or in the Senate. It was heated and of great 
interest in the light of later and even present conditions. 
Most significant was the speech of Mr. Vinton ** of Ohio, 
in that he demonstrated in an able manner the real position 
which the West was to occupy in bringing about the best 
interests of the nation. He favored the reduced limits for 
the new State, which even then would have an area greater 
than that of Ohio by one-third.*' He thought that policy 
'' unwise and mistaken " which had hitherto prevailed in 
Congress, of forming Western States of such large propor- 
tions that the great Mississippi Valley would be deprived 
irrevocably of its share in legislation. 

The ordinance of 1787 was characterized as an act of 
" flagrant injustice," in that it was framed with the distinct 
view of making and holding an Atlantic ascendency.*^ 
Instead of the twelve or more States which would have been 
formed out of this Northwest Territory by the act of the 
Virginia Legislature of October, 1783,*' not more than five 



" This boundary would have given Iowa about two-thirds of its 
present area. 

** Vinton had represented Ohio in the House twenty-one years 
before, and together with his colleague, Governor Vance, was the 
only Representative who had witnessed the growth of legislation 
for the West. 

*° Congressional Globe, Vol. 14, Appendix, p. 330. 

^^« Ibid., p. 331. 

*^ Based on a Congressional resolution of October 10, 1780, " That 



26 Constitution and Admission [364 

were to be allowed. Justice, then, would require that there 
should be territory enough remaining west and north of 
Iowa to make in the future two more States; that a series 
of small States should be made west of the Mississippi 
River as an offset to the wrong policy which had prevailed 
relative to those east of that river. It was further urged 
that this ought to be the action taken, for the bill itself 
provided that, " When either east or west Florida shall 
contain a population of 35,000 inhabitants, it may be divided 
into two States." 

He also argued, very ably, that the power of controlling 
the Government in all departments might be more safely 
intrusted to the West than in any other hands. His state- 
ment was a novel one at the time, but one whose truth has 
been set forth before the first half century has gone. The 
main points in the argument were: That the geographical 
position and commercial dependence of the West were such 
as to unite it indissolubly to the East and the South; that 
the harbors of these sections — New York, Philadelphia, and 
New Orleans — are also Western harbors; that the West 
would become an impartial umpire on conflicting claims; 
or the grain-growing States, slaveholding and non-slave- 
holding, occupy an intermediate position between their ex- 
clusive interests, because interested in the prosperity of 
both, a position between the two distinct social systems 
based on free and slave labor; between Massachusetts, 
where labor had many fields of employment and capital 
many modes of investment, and South Carolina, where they 
were devoted to one pursuit. Finally, he argues, with force 
and suggestiveness, that the great conservative power grow- 
ing in the West would, if properly used, counteract the 
active centrifugal elements and in a few short years hush 
into submission elements of disunion. The people of that 



each State which shall be so formed shall contain a suitable extent 
of territory, no less than one hundred nor more than one hundred 
and fifty miles square, or as near thereto as circumstances will 
admit." 



365] of Iowa into the Union,. 27 

great valley will forever be conservative, he says, whoever 
may be otherwise, not because of their superior patriotism, 
virtue, and love of country, but simply because their posi- 
tion forces them to be so; they must be conservative in spite 
of themselves. " Disunion is ruin to them. They have no 
other alternative but to resist it whenever or wherever at- 
tempted. . . . That Massachusetts and South Carolina 
might, for aught I know, find a dividing line that would be 
mutually satisfactory to them, but, sir, they can fmd no 
such line to which the Western country can assent. . . . 
Lay down the map of the country before you; look, sir, at 
the wonderful network uniting the West with the North 
and the South and then let any Northern or Southern man 
tell me where he would begin the work of its destruction." 

Congressman Belser, of Alabama, in the most notable 
speech in favor of the measure, sets forth the Southern 
views of the period. He asserted that equality of repre- 
sentation in the Senate and representation in the House 
according to population was a " part of our social compact, 
the offspring of amity and concession;" that the idea of 
balance of power '' had not made as profound an impres- 
sion " in the South as was believed. 

His speech was chiefly concerned with the admission of 
Florida and the consideration especially of the first and 
fourth objections made to its becoming a State. These 
points were: (i) "That according to the last census she 
had not the requisite amount of population to entitle her 
to admission; (3) that Congress has the discretionary power 
to admit or not adm^it her as a new State, and that the con- 
stitution presented by her recognizes slavery in a country 
not included in the compromises of the Constitution." 
Most attention was given the third, for the Florida consti- 
tution contained two clauses which were deemed a *' palpa- 
ble infraction of the Constitution of the United States." 
These clauses were: (i) " The General Assembly shall have 
no power to pass laws for the emancipation of slaves; 
(2) the General Assembly shall have power to pass laws to 



28 Constitution and Admission [366 

prevent free negroes, mulattDes, and other persons of color 
from emigrating to this State or from being on board of 
any vessel in any of the ports of Florida." 

In the course of his debate he bids in a unique manner 
for Western influence by setting up that plea which after 
fifty years, contrary to his expectations, remains one of the 
chief of political slogans. " The Democratic party," he 
said, '* unawed by the influence of the great, the rich, or 
the noble, has vindicated the rights of the people, sided 
with liberty against power. . . ." He said the period of jeal- 
ousy between North and South had gone by and hereafter 
it will be with the monopolist and the agriculturist — be- 
tween power and privilege. " The center of this republic," 
he says further, " is destined to be in that vast region which 
is watered by the Mississippi and its tributaries and the 
organization of new political societies will accelerate the 
end." '' 

The bill with boundary amendment was passed by a large 
majority in the House and was sent to the Senate. Here 
the debate centered on the propriety of admitting the two 
States in one measure. 

Rufus Choate represented the views of the Senate in his 
statement that '' he could most cheerfully and heartily give 
the hand of welcome to Iowa, but he could not — he would 
not say constitutionally, but he would say conscientiously — 
give his hand to Florida." The bill passed the Senate, in 
the form given it by the House, March 3, 1845. 

4. THE CONSTITUTION SUBMITTED TO THE PEOPLE 

The people of Iowa had not voted on the Constitution 
prior to its submission to Congress. A period of some 
three weeks intervened between its acceptance in Congress 
and the expression by the voters of their opinion on this 
document. 

Generally speaking, the Whigs were opposed to State- 

*^ Congressional Globe, Vol. 14, p. 379. 



367] of Iowa into the Union.. 29 

hood. They were in the minority, held none of the offices, 
nor could they look forward to changed conditions in the 
near future. Objections were made to certain provisions 
of the Constitution, by the press of the territory, regard- 
less of party lines. They objected to the selection of judges 
of the Supreme Court by the General Assembly; and of 
Secretary of State, State Treasurer, and other State officers 
by the people instead of being appointed by the Executive. 
The severe restrictions on banks and corporations were 
especially obnoxious and were to be fought over again in 
the Constitutional Conventions of 1846 and 1857. Other 
objections were made to the low salaries provided for, 
which would secure men of inferior qualifications alone ; *' 
and to biennial sessions of the legislature instead of a short 
session each year. 

Democratic office-holders and politicians favored the ac- 
ceptance of the Constitution even with the Congressional 
modifications. Some of the arguments of their Congres- 
sional delegate, given in a letter to the people of the terri- 
tory and favoring adoption were:^'* " Notwithstanding the 
lessened territory, the new State would have an area of 
44,300 square miles " ; that a large part of the land of which 
they had been deprived, known as the " Hills of the Prairie," 
was barren and sterile, and that the boundary was the one 
which United States Geologist Nicollet had recommended. 
He then shows that the '' true interest of the West is to 
have States of reasonable dimension, in order to get due 
representation in the Senate." Whatever may be the deci- 
sion of the people with regard to the adoption of the Con- 
stitution, he concluded: "We will not be able hereafter, 
under any circumstances, to obtain one square mile more 
for our new State than is contained within the boundaries 
adopted by the act of Congress already passed." 

** The following annual salaries were agreed upon: Governor, 
$800; Secretary of State, $500; Treasurer, $3000; Auditor, $500; 
Judges of the Supreme Court, $800. 

** Letter of A. C. Dodge, March 4, 1845. In Iowa Capitol Re- 
porter, March 22, 1845. 



30 Constitution and Admission [368 

This warning had Httle effect on the people. The reduced 
area added strength to the Whig opposition. A few Demo- 
crats sacrificed party on this one issue, and despite the im- 
precations of their former poHtical friends, " stumped " 
the Territory against the Constitution. Theirs was a cam- 
paign of real education. " They thought nothing of the 
boundary line laid off against slave holding Missouri." ''^ 

They strove to impress upon the minds of their hearers 
that if the western boundary of the State were to be seven- 
teen degrees and thirty minutes west from Washington, the 
limit given by Congress, it would mean the sacrifice of an 
area almost equivalent to one-third ^^ the amount for which 
they had petitioned. Largely through their efforts the 
Constitution was rejected in the April election.'' 

4. RESUBMISSION OF THE CONSTITUTION TO THE PEOPLE 

General dissatisfaction was prevalent among the Demo- 
cratic politicians on the outcome. They asserted that the 
vote was in no sense the voice of the people upon the merits 
of the Constitution but merely a rejection of the Congres- 
sional boundaries. They were urgent, therefore, in their 
pleadings that the Constitution, as it had come from the 
first convention, should be submitted to a vote of the people 

^^ Schouler, History of the United States, IV, page 489. Mr. 
Schouler is in error on this point. There had been a long contro- 
versy over the Missouri boundary. This was not discussed in 
Congress in connection with the admission of Iowa. It was 
thought the question ought to go for adjudication before the 
Supreme Court of the United States. (Congressional Globe, Vol. 
XIV, Appendix, p. 217.) The bill was filed before that court in 
behalf of Missouri, Dec. 10, 1847. After many contests, the dispute 
was finally settled by a commission in 1896. So far as I am aware, 
the southern boundary was not referred to as an argument against 
the constitution. 

^^ Area of thirty counties. Iowa Historical Record, July, 1896, 
p. 488. 

^^ Votes for the constitution, 6023; against the constitution, 7019. 
(Iowa Capitol Reporter, Vol. IV, No. 14, May 10, 1845.) On the 
same day a Democratic Delegate to Congress was chosen by a 
large majority. 



369] of Iowa into the Union,. 31 

or that a new convention should be called. Through their 
intervention, the governor was prevailed upon to call a 
special session, of the Legislature." This action was re- 
garded as " unprecedented," revolutionary^ by the Whig 
party in the Territory. 

In the Legislature, upon the final passage of a bill to re- 
submit the original Constitution, the Whigs protested 
against the text of the Constitution. By it, they said, the 
atheist is admitted to all of the privileges of a conscientious 
witness; the governor is given too much power through 
possession of the veto which virtually constitutes the execu- 
tive a branch of the legislature. '' It prohibits," they said: 
'' the legislature from ever adopting a system of internal 
improvements, and from the creation of corporations for 
manufacturing purposes.""^ But the bank clause was the 
most objectionable. While there was the privilege to estab- 
lish State banks, under certain conditions, it was believed 
that these very restrictions would nullify the -whole. It 
was asserted: '' No sane man will take stock in a bank 
where the stockholders are liable in their individual capac- 
ity, not only to the amount of stock by them owned re- 
spectively but to an unlimited extent." Besides it was 
thought that the adoption of the Constitution would cause 
the disappearance of the gold and the silver from the State 
through the coming in of large quantities of paper money. 
" A little specie will remain in the State," said one member, 
" but it will be an article of merchandise and can be had of 
those consistent advocates of hard money currency, called 
brokers or shavers, at the market price which ranges, at 
this ill-fated period, at from twelve to fifty per cent." 

The Democratic members met these attacks on tke pro- 
visions of the Constitution with the often repeated asser- 
tion that it was the Congressional enactment alone that 

'* Governor Chambers seemed to favor a new convention. Mes- 
sage, May 5, 1845, Journal House of Representatives, Iowa Terri- 
tory, 1845, p. 15. 

'^ Journal House of Representatives, Iowa Territory, 1845, p. 167. 



32 Constitution and Admission [370 

caused the defeat at the polls. The Speaker of the House,** 
in one of the most notable speeches made in favor of the 
hill then before them, said: 

'' A few contended, that if the Constitution should be 
adopted by the people, an acceptance or ratification of the 
amendments would not necessarily follow . . . but a large 
majority contended that the questions were undoubtedly 
and irrevocably joined, and that there was therefore no op- 
portunity allowed us to vote upon them separately. These 
conflicting opinions coming together as they did just upon 
the eve of the election, produced their natural result — a 
general and wide-spread confusion in the public mind — and, 
sir, it was in the midst of this confusion and because of this 
confusion that the Constitution went down. That it sank 
under the weight of these fatal, odious, and outrageous 
amendments (no one will pretend to doubt that such was 
the case) is to me, at least, a not less painful than well known 
fact, for I was in the field of its struggles, and I can say with 
confidence that I saw scores of the most devoted friends of 
the Constitution and of State Government march to the 
ballot-box and vote against the Constitution upon the simple 
and avowed ground that they believed that if they voted for 
it they would at the same time necessarily and unavoidably 
vote for the Congressional boundaries also." 

The bill providing for re-submission was hurriedly 
passed." Governor Chambers refused to sign it,'^ but it 
was promptly passed over his veto by a majority of two- 
thirds of the Legislative Council and House of Represen- 
tatives.'^' 



'® The Honorable James M. Morgan of Des Moines. 

'^ It was believed that Congress would agree to the boundaries 
asked for, because (i) " of a sense of justice; (2) political considera- 
tions, the North would be anxious to have them come in as an 
offset to the new Senators from Florida." Quoted in the Iowa 
Capitol Reporter, June 7, 1845. 

^^ The bill was vetoed on the ground that it should have been 
voted on by the people before it was submitted to Congress. 

^° Laws of the Territory of Iowa, 1845, ch. XIII, p. 31. 



371] of Iowa into the Union,. 33 

Evidently the modified Constitution had made a bad im- 
pression upon the voters, for in the August election they 
defeated the original draft.^'' 

V. — The Convention and Constitution of 1846 

Notwithstanding the fact that the Constitution of 1844 
had been twice rejected by the people, Governor Clarke, 
in his message to the Assembly at the opening of the regu- 
lar session in December, 1845, criticised the work of the 
opponents of the Constitution and declared the result to 
have been produced through " misrepresentation and mysti- 
fication." He again pledged his hearty co-operation with 
any action which would bring about the " speedy incor- 
poration " of Iowa into the Union as a State."' The Assem- 
bly was in accord with his opinion and passed an act, Janu- 
ary 17, 1846, which provided for the election of delegates 
to a Convention for the purpose of framing a new Consti- 
tution. These delegates, thirty-two in number,"" two-thirds 
of. them being members of the Democratic party, were 
elected and met at the capitol in Iowa City on the fourth 
of May. After a session of only sixteen days a new Con- 
stitution was agreed upon. 

This Constitution ^ was, generally speaking, a copy of the 
Constitution of 1844. Of greatest significance were the 
changed boundaries "* and the hostility to banks of whatever 
nature. 

** Vote for the constitution, 7235; vote against, 7656. Shambaugh, 
Documentary Material Relating to the History of Iowa, No. 6, 
p. 184. 

®^ Message, Dec. 3, 1845, Journal House of Representatives, 1842- 

45, p. II- 

°^ This small number was doubtless due to the spirit of economy. 

^ " It is strictly a party constitution, full of ultraism and illiber- 
ality, such an one as in our opinion is despotic in theory and 
equally so in practice. The Locofocos, while professing love for 
the people, have bound them hand and foot." Iowa Capitol Re- 
porter, June 3, 1846. Quoted from Bloomington Herald. 

^* The convention agreed on 43° 30' for the northern boundary, 



34 Constitution and Admission [37Z 

I. THE BANK QUESTION 

The bank clause was attacked with vigor in the Conven- 
tion by the Whig members and became the special mark 
for the shafts of the press of that party. The first Consti- 
tution provided, as already indicated, that no bank should 
be established unless a majority of the electors, at a regu- 
lar election, favored it. But there was a general fear, of 
such institutions, prevalent throughout the country. The 
majority in the Convention determined, wkile it was in their 
power, to rid themselves of the evil altogether. Accord- 
ingly they decreed in the ninth article of the Constitution 
that no corporate body should be created with the privilege 
of " making, issuing, or putting in circulation, any bill, 
check, ticket, certificate, promissory note or other paper 
or the paper of any bank to circulate as money," and that 
the General Assembly should prohibit, by law, any person, 
persons, or corporation from exercising the privileges of 
banking. No corporation might be created in the State, 
except for political or municipal purposes. The stock- 
holders in these were to be subject to all liabilities provided 
by law and the State was to have no share in any corpor- 
ation. 

This provision was upheld by the Democratic party. It 
was maintained that the people demanded such a prohibi- 
tion for they had already rejected the Constitution which 
did not not make this declaration; that resolutions were 
adopted in nearly every Democratic convention denouncing 
banks as the greatest of public evils and asking that they 
be prohibited.^ The Whigs believed this one clause ought 
to be adequate cause for the defeat of the entire instru- 
ment. They maintained that by means of banking institu- 
tions trade was fostered; that there was good cause for 

but insisted on the western boundary fixed in the Constitution of 
1844. The original area asked for would be reduced 6289 square 
miles, but Congress must increase its grant 6615 square miles. 
Congressional Globe, Appendix, Vol. XVI, p. 669. 
^" Iowa Capitol Reporter, Vol. V, p. 15. 



373] of Iowa into the Union,. 35 

their creation for they were to be found in all of the States 
and in all civilized nations. They asserted that the true 
policy was to have banks and a circulating medium under 
State control rather than be dependent on the other States 
for such a medium; that there was no attempt to prohibit 
the circulation of paper money and even then there were 
indications that the State would be flooded with the paper 
money of all the other States. 

2. OTHER FEATURES OF THE CONSTITUTION 

Objections were also made to the veto power which had 
been granted to the governor, " contrary to the will of the 
people," and to the election of district judges directly by 
the people. It was claimed that an elective judiciary would 
rob the courts of justice of their sacred character; that such 
a system was in vogue at that time in only one State, Mis- 
sissippi, whose public credit was gone and where life and 
property were insecure; and that through the use of popular 
election political partisans would be made judges who in 
any case would be mere politicians and of necessity second 
rate men. 

Another feature objected to by the Whig party was the 
provision that internal improvements were to be carried 
on by direct taxation. It was held that if these improve- 
ments were to be carried on only in this way, that they 
would draw on capital which might be employed to greater 
immediate advantage in other ways and that it would pro- 
hibit the use of foreign capital then obtainable at a reason- 
able interest.^" 

An interesting feature of the Constitution of 1844 was 
the clause on amendments and especially the distinction 
m.ade in it between the methods of amendment and '' re- 
vision or change." Amendments were to be made by the 
process of legislation and submission to the people as fol- 
lows: "Any amendment or amendments to this Constitu- 

®® Iowa City Standard, July 22, 1846. 



36 Constitution and Admission [374 

tion may be proposed in the Senate or House of Represen- 
tatives, and if the same shall be agreed to by a majority 
of all the members elected to each of the two houses, such 
proposed amendment shall be entered on their journals, 
with the yeas and nays thereon, and referred to the Gen- 
eral Assembly then next to be chosen, and shall be pub- 
lished for three months, previous to the time of making 
such choice; and, if, in the General Assembly the next 
chosen as aforesaid, such proposed amendment or amend- 
ments shall be agreed to by a majority of all the members 
elected to each house, then it shall be the duty of the 
General Assembly to submit such proposed amendment or 
amendments to the people in such manner and at such time 
as the General Assembly shall prescribe, and if the people 
shall approve and ratify such amendment or amendments 
by a majority of all the qualified electors of the State voting 
for and against said amendment or amendments voting in 
their favor, such amendment or amendments shall become 
part of this Constitution. . . . The General Assembly shall 
not propose the same amendments to this Constitution 
oftener than once in six years." But any " revision or 
change " was to be made only through a Convention whose 
delegates were elected for that purpose. 

The Convention of 1846 stipulated that no change what- 
ever was to be made in the Constitution except through a 
Convention, the calling of which had been sanctioned by 
the people at a regular election and whose delegates were 
to be chosen within six months after the people had agreed 
to it. Such a method was regarded by the Whig opposi- 
tion as a mere trick to prohibit amendments altogether and 
thus insure the carrying out of the obnoxious bank clause 
and the " principles of hard money." This plea was ably 
set forth by the Whigs and is said to have had much to do 
in bringing about the calling of a new Convention in 1857.^^ 

"^ Some of the other modifications of the Constitution of 1844 by 
that of 1846 were as follows: i. Any citizen of the State who 
should be engaged, either directly or indirectly, in a duel was to 






375] of lozva into the Union,. 37 



VI. — Iowa Becomes a State 

Meanwhile, the Iowa Congressional Delegate, A. C. 
Dodge, introduced a measure tO' repeal so much of the 
original act as related to the boundaries of Iowa."" The 
discussion of this bill was delayed until June 8. The fol- 
lowing letter of May lo indicates the somewhat novel posi- 
tion of a territorial convention and explains the language 
no longer conciliatory, of its Delegate: " If Congress will 
give us our boundary, it will insure the adoption of the 
Constitution; if they delay all further action on this subject 
until their next session, it will not interfere with its adop- 
tion. If adopted, we will organize the State, send our 
members and Constitution to Congress, and risk the conse- 
quences. This much I have said for others of the conven- 
tion as well as myself." ^ 

June 8, the bill came before Congress for discussion. It 
was strongly opposed by Rockwell of Massachusetts, Rath- 
bun of New York, and Vinton of Ohio. Rockwell advo- 
cated 42° N. for the northern boundary line instead of 43° 
30' provided by the bill. Rathbun asserted that the peo- 
ple had not rejected the Constitution on account of the 
boundary provided for, but because of dislike for the prin- 
ples in the constitution itself. He set forth a principle, later 
of great moment in his entreaty to the House, " tO' remem- 
ber that one of the chief ingredients in our safety was to 
maintain a due proportion and balance between the power 
of the Northern and the Southern States." To' this end he 
objected to the forming of " large States at the North and 

be disqualified from holding any office in the State. 2. The Senate 
was to choose its own presiding officer instead of having a Lieu- 
tenant-Governor. 3. The Governor was to be elected for four 
years, and Judges of the Supreme Court for six years. 4. The 
Superintendent of Public Instruction was to be elected by the 
people, instead of being chosen by the Legislature. 

'' Act of March 3, 1845. 

"* Letter to Hon. A. C. Dodge from Enos Lowe, later governor, 
dated Iowa City, May 10, 1846. 






38 Constitution and Admission [376 

small ones at the South." Especially was this of importance 
when Texas by her act of admission was to be allowed to 
form " four or five States." Vinton again made a telling 
speech. He set forth the real meaning of the discussion 
in his reference to its position before the last House. " This 
subject of creating States beyond the Mississippi," he said, 
" had been fully discussed and no question except that of 
Texas had excited more interest in the House." He even saw 
the conditions which were to be almost realized at the close 
of the first half century from that time when he says: " No 
part of these United States possesses an equal capacity for 
maintaining an immense population. . . . This valley will 
in process of time contain two-thirds of the population of 
the Union. ^° 

Very interesting is it to note the entire change of front of 
the Iowa delegate, who shortly before" urged the people 
to accept the Congressional boundaries, for they " would 
not be granted a single additional square mile of territory." 
Now he acts under instructions, " accept no amendment 
which should cut them off from the Mississippi and the 
Missouri rivers." Congress, by the recommended " arbi- 
trary and artificial lines, would cut the river Des Moines, 
which was the chief river of Iowa and on which the ultimate 
seat of governmenf^ must be placed, directly in two." " It 
was most unfortunate for us, sir," he said, in answer tO' the 
opposition, " that the bill for our admission came before this 
House when gentlemen from a certain section of the Union, 
however much they may attempt to deny the fact, were 
smarting, aye agonizing under the then recent annexation 
of Texas. In their frenzy to preserve what they regarded 

™ Population of Iowa in May, 1843, 80,000. Journal Constitutional 
Convention 1844, p. 208, Population of Iowa in May, 1846, 120,000. 
Journal Constitutional Convention 1846, p. 108. 

" March 4, 1845, Iowa Capitol Reporter, March 22, 1845. 

^^ By the Constitution of 1857 the capital was permanently located 
at Des Moines, and as an offset to this removal the State University 
was located in Iowa City. 

See Constitution, 1857, Art. X, sec. 8. 



377] of Iowa intQ the Union,. 39 

as the balance of political power between the slave and non- 
slave-holding States they were prepared to do almost any- 
thing to override the deliberately considered report of one 
of the most respectable committees of the House, and to 
vote in favor of State lines, of the propriety and expediency 
of which they knew almost nothing." '^ 

During the months of June and July, the Whigs of Iowa 
kept up an active campaign against the Constitution. But 
it was of no avail, for the Constitution was adopted August 
3, 1846, by a majority of 456 votes.'' 

August 4, President Polk signed the bill which provided 
for the boundaries already voted by the people. December 
28, 1846, the Commonwealth of Iowa was " declared to be 
one of the United States of America." 



VII. — The Calling of the Constitutional Convention 

OF 1857 

The Constitution of 1846 was not satisfactory and was 
opposed from the outset. The clause relative to the estab- 
lishment of banks was especially obnoxious. As already 
noted, it provided that " No corporate body shall hereafter 
be created, renewed, or extended with the privilege of mak- 
ing, issuing, or putting in circulation any bill, check, ticket, 
certificate, promissory note, or other paper, or the paper 
of any bank, to circulate as money. The General Assembly 
of this State shall prohibit by law, any person or persons, 
association, company or corporation from exercising the 
privileges of banking or creating paper to circulate as 
money." It was hoped, by such a measure, that the people 
of Iowa would be free from the abuses of the banking sys- 
tems then generally prevalent throughout the Union. The 

^^ Congressional Globe, Appendix, Vol. XVI, p. 669. 

''* Iowa City Standard, Sept. 16, 1846. Shambaugh, Documentary 
Material Relating to the History of Iowa, No. 7, p. 213. Number 
of votes for the Constitution, 9492; number of votes against the 
Constitution, 9036. 



40 Constitution and Admission [378 

legislature attempted to enforce this clause by a stringent 
act to the effect, that, '' Any attempt to issue and circulate 
bank paper or paper to be used as money," should be made 
a penal offense with a fine of $1000 and imprisonment of one 
year in the county jail. 

In spite of such legislation every expedient was resorted 
to in order to evade the law and create paper money. Iowa 
was surrounded by States which allowed the issue of paper 
currency, and her private bankers soon learned how to 
supply the State with this currency. Much of it was of 
the cheapest sort and brought on the evils wont to accom- 
pany such a circulating medium. A member of the Con- 
vention of 1857 exclaimed: " Notwithstanding we are pro- 
hibited in Iowa from issuing paper money, we have just as 
much bank paper here as any State of the Union where 
banking is allowed, and we are cursed with as worthless 
shinplasters as any State in this Union. If we had a sound, 
safe, and reliable circulating medium of our own under our 
own control, we would be able to protect the people from 
the vast amount of worthless trash now brought here for 
the purpose of circulation among us." " 

"Iowa Constitutional Debates, 1857, Vol. I, p. 351. 

" This money, mostly the issues of the State stock banks of 
Illinois and other western States, we used in our ordinary business 
at all rates of discount, as quoted in the bank note detectors of 
the time, but it could not be used for paying taxes or buying 
eastern exchange, or entering public land." 

Lathrop, " Some Iowa Bank History," Iowa Historical Record, 
April, 1897, p. 58. 

One of the worst offenders was the Territory of Nebraska, which 
had been organized in 1855. There were no restrictions upon the 
power of the Legislature to charter all the banks which might be 
called for. The first company incorporated by the Nebraska Leg- 
islature was an Insurance Company. It was organized March 16, 
1855, under the name of the Western Fire and Marine Insurance 
and Exchange Company. By a stretch of the powers of this 
corporation, which was given the right to deal in all sorts of ex- 
change, and was also enabled to do a general banking business. 
" Thus the wild-cat got itself surreptitiously into existence as the 
Western Exchange Bank of Warren." 

Nebraska State Historical Society Collections, II. 



379] of Iowa into the Union,. 41 

Besides, extortionate rates of interest were charged, vary- 
ing from a minimum of 15 per cent to 25 per cent and as 
high as 50 per cent on real estate security,.'" 

The press, which had opposed this clause early, began to 
call for a convention which should so amend the Consti- 
tution as to allow banks to be created and thus rid them- 
selves of " shavers, usurers, and extortioners." " 

Finally, the minds of the people were so aroused against 
the Constitution of 1846, and chiefly against the anti-bank 
clause, that the General Assembly passed an act, January 
24, 1855, which provided for ascertaining the will of the 
people on the calling of a convention to '' revise or amend 
the Constitution." The result of such a vote in the regular 
August election of the following year showed that there was 
a large majority in favor of a convention." 

VIII. — The Constitutional Convention of 1857 

The convention met at Iowa City, January 19, 1857, and 
was in session until March 5. It was composed of thirty- 
six members, twenty-one of them being Republicans and 
fifteen Democrats.™ 

I. THE BANK PROBLEM 

It was acknowledged by the members of both political 
parties that some system of banking was to be allowed 

This was the one institution, among many others in Nebraska, 
which furnished large quantities of its bills for circulation in Iowa. 
This bank went down in the general collapse of 1857. When its 
affairs were closed out, it possessed $191.30 in specie and $121 in 
bank notes of banks which were considered good. 

'® Iowa Standard I, No. 31, New Series, Jan. 20, 1847; Dubuque 
Daily Times, July 24, 1857; Constitutional Debates, 1857, Vol. I, 
p. 348. 

" Iowa Standard, Jan. 20, 1847. 

"^ For a convention, 32,790 votes; against a convention, 14,160 
votes. Shambaugh, Documentary Material Relating to the His- 
tory of Iowa, No. 8, p. 221. 

'" Dubuque Daily Republican, July 25, 1857. 



42 Constitution and Admission [380 

under the Constitution which they were about to frame."" 
No other question was discussed at such length and the 
debates indicate a careful study of the systems then in vogue 
in the other States. Granted that they were tO' have banks, 
many questions then arose as to the kind which were to be 
established. Were they to have a State bank with 
branches, the system then favored in the other States? Was 
there tO' be the opportunity for the State Legislature to 
establish a general system of banking under proper restric- 
tions or was the way tO' be left open for the establishment 
of both kinds. 

Those favoring the State bank with branches, under legis- 
lative supervision, believed it would be the best system, 
for then there would be good reason for the parent bank 
to keep careful supervision of the branches. Each part of 
the system would thus be responsible for every other part. 
They also believed that with such a system the trust funds 
of the State might be safely deposited with them which 
could not safely be done under a general banking system. 
It was further asserted that another advantage which this 
plan might have would be that the bills issued for circula- 
tion would pass at par in other States which could not ob- 
tain where local banks were set up under a general bank- 
ing law. The stock argument offered in favor of a free 
banking system was that it was more democratic. Why 
might not any one who could provide the requisite security 
become a banker just as easily as he might enter any other 
business? A State bank with branches, it was asserted, 
is nothing more or less than a monopoly. Whatever the 
differences might be as tO' the method of establishing banks 
there was little dissent from the view that no State bank 
should be established unless it were on an actual specie 
basis ; that the bill-holders should have the greatest possible 
protection; and that individual stockholders should be held 
for all liabilities, 

*° Four of the thirty-six members were anti-bank men. 



381] of Iowa into the Union, 43 

In the main, the clause as finally agreed upon seems to 
resemble, most nearly, the provision in the New York Con- 
stitution of 1846/' It was provided that no act of the 
General Assembly authorizing a corporation or association 
with banking powers should be in force until it had first 
been determined that the people were in favor of it as shown 
by a majority vote at a special or general election. No 
State bank might be established unless it were founded 
on an actual specie basis and each of the branches should 
be held responsible for the " notes, bills, and other issues " 
of the other banks. It is further provided that " if a gen- 
eral banking law shall be enacted, it should provide for the 
registry and countersigning, by an officer of State, of all 
bills or paper credit designed to circulate as money, and 
require security to the full amount thereof, to be deposited 
with the State Treasurer, in United States stocks, or in 
interest-paying stocks of States in good credit and stand- 
ing, to be rated at ten per cent below their average value 
in the city of New York, for the thirty days next preceding 
their deposit; and in case of a depreciation of any portion of 
such stocks, to the amount of ten per cent on the dollar, 
the bank or banks owning said stocks shall be required to 
m.ake up said deficiency by depositing additional stocks; 
and said law shall also provide for the recording of the 
names of all stockholders in such corporations, the amount 
of stock held by each, the time of transfer and to whom." '' 
Every stockholder is to be held responsible to the bank 
creditors over and above the amount of stock held, " to an 
amount equal to his or her respective shares, so held, for 
all of its liabilities accruing while he or she remains such 
stockholder," In case any banking association becomes 

^^ " Iowa, in the same year, went further than New York in seek- 
ing to secure a safe system of banking. If a State bank was es- 
tablished by the Legislature, it should be founded ' on an actual 
specie basis,' etc." Thorpe, Constitutional History of the Ameri- 
can People, 1776-1850, II, pp. 433, 434. Evidently the Constitution 
of 1857 was in the mind of the author. 

" Constitution of 1857, Art. VIII, sec. 8. 



44 Constitution and Admission [382 

insolvent, the bill holders are to constitute the preferred 
creditors. No suspension of specie payments by banking 
institutions is ever to be allowed and any change in the 
laws for creating or organizing corporations or for the 
granting of special privileges may be made only when 
agreed to by two-thirds of both branches of the Legisla- 
ture."" 

2. THE RIGHTS OF THE NEGROES 

The question as to the relative position which the negroes 
were to occupy in Iowa was not of less interest in the discus- 
sions of the Convention than those on the banks. One 
member exclaimed: "' From the commencement of the ses- 
sions of this Convention, this nigger question has been 
lugged in here in fifty dififerent propositions and in fifty dif- 
ferent ways. The nigger question seems to be a great 
theme with the majority of this Convention." "* It is some- 
w^hat surprising that there should have been so much atten- 
tion paid to it when there were at that time only some three 
hundred negroes and mulattoes in the State.'" 



*' The Seventh General Assembly passed two bills which pro- 
vided for banks. One was entitled " An act authorizing general 
banking in the State of Iowa," and another, " An act to incor- 
porate the State Bank of Iowa." The second was carried with a 
larger majority of votes. In the Senate the vote stood twenty- 
eight to four, and in the House, forty-two to eighteen. Both 
measures were adopted by the people. No banks were ever formed, 
however, under the General Banking Law. In September, 1858, 
the " State Bank of Iowa " and the " Branches of the State Bank 
of Iowa " were organized. 

No banking business proper was done by the State Bank. This 
was to be left to the branches after " at least five should be 
organized." 

At the outbreak of the Civil War there was no money in the 
State Treasury, and the branches of the State Bank came to the 
assistance of the State by loaning it the money necessary to raise 
and equip the troops. Because of the heavy taxation on the issues 
of the State banks, the State Bank of Iowa closed up its business 
in 1865 and the branches reorganized as National Banks. 

Lathrop, " Some Iowa Bank History." 

Iowa Historical Record, April, 1897, pp. 61-64. 

®* Iowa Constitutional Debates, Vol. II, p. 826. 

®° Iowa Constitutional Debates, Vol. II, p. 834. 






383] of Iowa into the Union. 45 

The report of the Committee on Education forced the 
first discussion. This report recommended that a school 
should be kept in each district at least three months in each 
year.^^ In the substitute offered, it was provided that there 
should be a school in each district for six months and that 
such schools were to be free of charge and open to all. It 
was felt that injustice had been done the negroes through 
a legislative provision which excluded them from the 
schools and school privileges altogether." The sentiment 
finally prevailed that natural rights would be best protected 
if all children were to be granted the privilege of securing 
an education. A final substitute stated that the education 
of " all the youths " of the State was to be provided for in 
the common schools of the State/'* 

Many States, and especially Illinois and Indiana, had pre- 
cluded negroes from holding property."" Some of the dele- 
gates in the Convention advocated that *' other persons not 
being citizens," should be included in the clause which guar- 
anteed to foreigners all the rights of native-born citizens in 
the possession, enjoyment and descent of property. This 
amendment was lost,"" for it was believed that such a guar- 
antee would be an inducement for large numbers of negroes 
to enter the State. There was also the belief that since 
there had been no such law passed, such a check on legis- 
lation in the body of the Constitution was unnecessary. 

Of greater interest still was the discussion which arose 
over the right of negroes to give testimony in the courts. 
It seems that the successive Legislatures had, prior to that 
of 1856-57, declared that " no negro, mulatto, or Indian, or 
black person, should be a witness in any court or in any 
case against a white person." °' This law had been repealed 

^^ Iowa Constitutional Debates, Vol. II, p. 825. 
*^ Iowa Constitutional Debates, Vol. II, p. 835. 
^* Substitute passed by a vote of 22 in favor and 10 opposed. 
Iowa Constitutional Debates, Vol. II, p. 837. 
^^ Iowa Constitutional Debates, Vol. I, p. 132. 
'" Iowa Constitutional Debates, Vol. I, p. 138. 
" Iowa Historical Record, July, 1896, p. 490. 



46 Constitution and Admission [384 

by the Legislature then recently adjourned."'' Issue was at 
once taken by the Democratic party in their State Conven- 
tion, in which the repeal was denounced. The Republican 
Convention supported the action of the Legislature with 
equally great ardor. This act, it was stated by the opposi- 
tion, would induce large numbers of negroes tO' enter the 
State;®' that slaves would be compelled, by their masters, 
to commit perjury; and that the negro under the best of 
conditions did not possess that natural integrity to be found 
among white men. The decision was finally made in the 
Constitutional Convention, an advanced position at the time, 
that " any party to a judicial proceeding shall have the right 
to use as witness, or take testimony of any other person not 
disqualified on account of interest, who may be cognizant 
of any fact material to the case.""* 

Was the militia to be composed only of " all able-bodied 
white male citizens between the ages of eighteen and forty- 
five? If the negroes were to be accorded privileges such as 
the Convention was inclined to grant them, then, it was 
thoMght by some of the delegates, they should be called 
upon also' to defend their country."* It was claimed that 
negroes had already acquired a good reputation for such 
services,. One member declared that there were, in his 
opinion, '' some colored people who might be spared even 
to put into the first ranks in case of an invasion." 

By far the most notable discussion took place over the 
resolution that '' at the same election in which the Constitu- 
tion should be submitted to the people the proposition to 
amend the same by striking out ' white ' whenever it occurs 

®^ Iowa Constitutional Debates, Vol. I, p. 172. 

®^ Iowa Constitutional Debates, Vol. I, p. 177. This assertion was 
made many times regardless of the fact which was set forth, that 
Connecticut, the only New England State which then had a con- 
stitutional provision recognizing a distinction in classes, had a 
greater number of negroes in proportion to her population than 
" all other New England States together." 

®* Constitution of Iowa, Art. I, sec. 4. 

®^ This motion was lost. 



385] of Iowa into the Union, 47 

in the Constitution should be separately submitted to the 
electors of the State for adoption or rejection.'""" The 
whole question of slavery was put on trial and party lines 
were closely drawn. Some noteworthy speeches were made 
setting forth the views then becoming prevalent throughout 
the North. Said one member:"' " Slavery is a foul politi- 
cal curse upon the institutions of our country; it is a curse 
upon the soil of the country, and worse than that, it is a 
curse upon the poor, free, laboring white man. I have 
known many cases of honest, hard-working, plodding white 
men, who have come to my native city for the purpose of 
making a support for themselves and families, and they have 
been driven away in consequence of the degradation at- 
tached to labor as a result of this system of slavery. That 
is the reason that Virginia is becoming depopulated, until 
she has now become merely the slave-breeding State of this 
Union. 

" I do not know whether it would be an advantage or not 
to the negro to confer upon him the right of suffrage. I 
have hoped, and I hope yet, the day will come when the 
fetters shall be stricken from all this unfortunate race. Aye, 
and the day will come, as sure as there is a just God in 
Heaven. ... I have spoken here of apologists of slavery. 
Gentlemen say, who are those who stand up here and de- 
fend slavery? Is there any one here who advocates slavery? 
I tell you, gentlemen, that if they do not advocate slavery 
with their lips, in so many and direct terms, they exert an 
influence and power in regard to it that is the very backbone 
of the institution in the South. What! Is the Democratic 
party in favor of slavery? Let me tell them that during 
the last Presidential canvass, there were scattered broadcast 
throughout the whole length and breadth of this State 
speeches delivered by Stephens, Toombs and others, of the 

^ New York had granted negroes the privilege of voting, pro- 
vided they were possessed of property to the amount of two hun- 
dred and fifty dollars. 

^ Constitutional Debates, Vol. II, p. 682. 



48 Constitution and Admission [386 

Southern wing of the Democratic party. In my own town 
more than one hundred of these speeches came there in one 
package. Who received and circulated these speeches of 
Stephens and of Toombs, the Ajax in Congress of the 
Southern and pro-slavery wing of the Democracy? The 
Northern Democracy received and circulated them. What 
did those speeches contain? They contained the declaration 
that slavery was a divine institution; that it came from 
God; that it was right for one portion of the human race to 
hold another portion in bondage; that slavery was a be- 
neficent institution; that it was a great blessing and should 
be extended all over the land, so that wherever the flag of 
our country should wave, there the white man should be 
protected in his property in his fellow-man." 

This was replied to as follows:"^ "This is the position 
which the Democratic party stand upon. They say: We 
have made a contract with the South. That contract has 
been sealed with the best blood of the revolution, and was 
again most solemnly declared in the Constitution of the 
country, that upon this great question there should be no 
politics betwixt us. Let it alone. Touch it not. That is 
the language of Democrats, both North and South. This 
question shall be buried deep in oblivion. The institution 
shall be local, and depend upon the people acting as a peo- 
ple in their several capacities wherever they may be asso- 
ciated as a people, whether in a State or Territory. . . . 
The Democracy of the North and the Democracy of the 
South unite upon that principle. It is the principle which 
will hold our Constitution together. It is the principle 
which will prevent this Union from being severed; and it is 
the only one. ,. . . Hence we continue our old relations with 
these people. We stand as we did four years ago. We 
stand as we did eight years ago. We stand as we did twelve 
years ago. And we can have a victory in the South as 
well as in the North, because it is a victory without this agi- 

"' Constitutional Debates, Vol. II, pp. 688, 689. 



387] of Iowa into the Union,. 49 

tating question of slavery in it. We can fraternize with the 
people then as we have ever done. This is the reason why 
we are called by these flippant speakers, the slaveocracy 
of the country. It is because we discard this agitating 
question. It is because we turn it over to the people to 
whom it belongs; because we wish to take from the people 
of this State the power of governing the people out of the 
State. This makes us odious to these modern Republi- 
<:ans." ^ 

A few members favored the exclusion of negroes from the 
-State altogether and recommended that the article then 
found in the Constitution of Indiana, which prohibited 
negroes from entering the State be adopted.^"" 

3. OTHER PROVISIONS OF THE CONSTITUTION 

Among the other significant provisions made in the Con- 
stitution are : The security of the School and the University 
funds; the location of the capital at Des Moines and the 
State University at Iowa City; and the method of passing 
bills by the State Legislature. The school funds of the 
State had been much reduced because of mismanagement, 
and it was thought best to provide against any future per- 
manent loss to these important funds by making adequate 
constitutional provision against it. This condition was met 
by the following clause :"'" ''All losses to the permanent 

"^ The proposition to strike out the word " white " from the 
Constitution failed in the August election by a vote of 40,000. 
Daily North West, Sept. 18, 1857. 

^'^'^ Iowa Constitutional Debates, Vol. II, p. 913. The question 
was lost by a vote of 25 to 8. 

"^ Constitution, Art. VII, see. 3. Other changes made were: 
The period in which the census was to be taken was changed from 
two years to ten years (Art. Ill, sec. 2^). The Governor's term of 
office was fixed at two years (Art. IV, sec. 2). A Lieutenant- 
Governor was also to be chosen. He is to be ex-officio president 
of the Senate and to succeed the Governor in case of his death, 
resignation or inability to serve (Art. IV, sees. 3, 17, 18). The 
Judges of the Supreme Court are to be elected by the people (Art. 
V, sec. 3). An Attorney-General and District Attorney is pro- 



50 Constitution and Admission [388 

school or University fund of this State, which shall have 
been occasioned by the defalcation, mismanagement, or 
fraud of the agents or officers controlling and managing 
the same, shall be audited by the proper authorities of the 
State. The amount so audited shall be a permanent funded 
debt against the State, in favor of the respective fund, sus- 
taining the loss, upon which not less than six per cent an- 
nual interest shall be paid. The amount of liability so cre- 
ated shall not be counted as a part of the indebtedness au- 
thorized by the second section of this article." 

In Iowa, as in most of the new States, local feeling was 
aroused through the attempt to agree on permanent loca- 
tions for the various State institutions. Here, as elsewhere, 
the connection between such institutions and the rise of land 
values was not lost sight of. An act had already been 
passed by the Legislature, providing for the removal of the 
capital from Iowa City to Fort Des Moines. Was this act 
to be made a part of the Constitution? Many accusations 
of bribery were made against the legislators who had sanc- 
tioned the change. The following measure, largely a com- 
promise, was adopted: " The seat of government is hereby 
permanently established, as now fixed by law, at the city 
of Des Moines, in the county of Polk; and the State Uni- 
versity at Iowa City, in the county of Johnson." '"' 

The Constitution guards, too, against the harmful legis- 
lation which is wont to occur in the closing days of a 
Legislature."' It says : " No bill shall be passed unless by 
the assent of a majority of all the members elected to each 
branch of the General Assembly, and the question upon the 



vided for, to be elected by the people (Art. V, sees. 12, 13). The 
limitation of State indebtedness is increased (Art. VII, sec. 2). 
A permanent school fund is insured (Art. VII, sec. 3). Amend- 
ment might be made by the legislature or a convention. The 
question of the convention is to be voted on by the people every 
ten years (Art. X). Debates of Convention, Vol. II, p. 1066 et seq. 

'"" Constitution, Art. XI, sec. 8. 

'"^ Constitution, Art. Ill, sec. 17. 



389] of Iowa into the Union, 51 

final passage shall be taken immediately upon its last read- 
ing, and the yeas and nays entered upon the journal." 

The Democratic press and party opposed the Constitu- 
tion from the outset."* Are the lectors willing, the question 
was asked, to change their organic law to benefit the mon- 
eyed interest and Black Republican party of this State, 
whose great object is to create a wild-cat system of banking 
and place the negro upon an equality with the white man. 
There was one change only which was conceded to be nec- 
essary. By this, the time of the general election was placed 
in October instead of August.'"^ 



IX. — Amendments of the Constitution 

The Constitution of 1857 has been amended four times. 
The first amendments were approved by the Eleventh Gen- 
eral Assembly, April 2, 1868, by the Twelfth General Assem- 
bly, Alarch 31, 1868, and received the required majority 
vote of the people in the general election of that year.^""* 
These amendments, dealing wholly with the status of the 
negroes, were as follows: 

1. Strike the word " white " from Section one of Article 
two thereof.'"' 

2. Strike the word '' white " from Section thirty-three of 
Article three thereof.^"" 



^"^ North Iowa Times, June 26, 1857; Dubuque Daily Times, July 
25, 1857. Votes cast in favor of the Constitution, 40,311; votes cast 
against the Constitution, 38,681. Shambaugh, Documentary Ma- 
terial Relating to the History of Iowa, No. 8, p. 260. 

"^ Changed to Tuesday next after the first Monday in November 
by the amendment of Nov. 4, 1884. 

^"^ Shambaugh, Documentary Material Relating to the History of 
Iowa, No. 8, pp. 260-267; Horak, Constitutional Amendments in 
the Commonwealth of Iowa, pp. 30-32. 

^"^ This amendment gave the negro the right of suffrage. Votes 
in favor of the amendment, 105,384; votes against the amendment, 
81,119. 

^°^ By this amendment the negroes were included in the State 
census. Votes favoring the amendment, 105,498; votes opposed to 
the amendment, 81,050. 



52 Constitution and Admission [390 

3. Strike the word '' white " from Section thirty-four of 
Article three thereof. 

4. Strike the word " white " from Section thirty-five of 
Article three thereof/*" 

5. Strike the word " white " from Section one of Article 
six thereof."" 

But the negro was still precluded from being elected to 
the State Legislature. This political inequality between the 
two races was erased through an amendment to the Consti- 
tution finally adopted November 2, 1880.'" 

March 17, 1880, the celebrated prohibitory amendment 
was passed by the Eighteenth General Assembly. This 
proposed to add to Article one, Section twenty-six as fol- 
low^s: '' No person shall manufacture for sale, or sell or 
keep for sale as a beverage, any intoxicating, liquors what- 
ever, including ale, wine and beer. The General Assembly 
shall by law prescribe regulations for the enforcement of the 
prohibition herein contained and shall thereby provide suit- 
able penalties for the violation hereof." "' The act was 
approved by the Nineteenth General Assembly, March 13, 
1882, and was submitted to the people at a special election, 
June 2y, 1882."' A large majority of votes was recorded 



"^ By these changes the negro was included in the basis of rep- 
resentation for the election of Senators and Representatives to the 
General Assembly. Votes in favor of amendment, 3,105,524; votes 
opposed to amendment, 3,081,038; votes favoring amendment, 4,- 
105,502; votes opposed to amendment, 4,080,929. 

^^^ This amendment included the negro in the State militia. 
Votes for the amendment, 105,515; votes opposed to the amend- 
ment, 81,050. 

^^^ By this amendment the words " free white " were struck from 
the third line of sec. 4, Art. III. Votes in favor, 90,237; votes 
opposed, 5Ij943- Shambaugh, Documentary Material Relating to 
the History of Iowa, No. 8, p. 272. 

^" Reprinted from the Acts of the Eighteenth General Assembly 
of the State of Iowa, p. 215. Given in Shambaugh, Documentary 
Material Relating to the History of Iowa, No. 8, p. 273. 

"^ Shambaugh, Documentary Material Relating to the History of 
Iowa, No. 8, pp. 274, 275. 



391] of Iowa into the Union,. 53 

in its favor,"* but it was declared invalid by the Supreme 
Court of the State."' 

A joint resolution passed the Nineteenth and Twentieth 
Assemblies of the State and became a part of the funda- 
mental law after receiving a majority vote of the people, 
November 4, 1884. These amendments provided: i. The 
general election for State, district, county, and township 
officers shall be held on the Tuesday next after the first 
Monday in November.'" At any regular session of the 
General Assembly, the State may be divided into the nec- 
essary judicial districts for district court purposes, or the 
said districts may be reorganized and the number of the 
districts and the judges of said courts increased or dimin- 
ished; but no reorganization of the districts or diminution 
of the judges shall have the effect of removing a judge from 
office/" 

3. The Grand Jury may consist of any number of mem- 
bers not less than five, nor more than fifteen, as the General 
Assembly miay by law provide, or the General Assemibly 
may provide for holding persons to answer for any criminal 
offense without the intervention of a Grand Jury/'^ 

4. That Section 13 of Article V of the Constitution be 
stricken therefrom, and the following adopted as such sec- 
tion. Section 13. The qualified electors of each county 
shall, at the general election in the year 1886, and every 
two years thereafter, elect a county attorney, who shall be a 
resident of the county for which he is elected, and shall 

"* Votes in favor of the amendment, 155,436; votes opposed, 125,- 
677; scattered votes, ^6. Shambaugh, Documentary Material Re- 
lating to the History of Iowa, No. 8, p. 276. 

^^^ Horak, Constitutional Amendments in the Commonwealth of 
Iowa, p. 32. In the test case of Koehler vs. Lange, 60 Iowa Re- 
ports, p. 543. The decision was based on the argument that in its 
transmission from the Eighteenth to the Nineteenth General 
Assembly, there had been a change in the meaning and effect of 
the amendment. 

"® Votes cast in favor of, 89,342; votes cast against, 14940. 

"^ Votes in favor of, 64960; votes against, 33,868. 

"® Votes for, 72,591; votes against, 30^343- 



54 Constitution and Admission of Iowa, etc. [392 

hold his office for two years, and until his successor shall 
have been elected and qualified."" 

The Constitution of 1857 is still in force in Iowa. Many 
other attempts have been made to amend it, but these re- 
quests have never received the requisite legislative sanction. 
That the people have been, in general, well satisfied with 
their Constitution has been demonstrated by the very large 
majority of votes cast against the proposition: " Shall there 
be a Convention to Revise the Constitution and Amend the 
Same," in the years 1870, 1880 and 1890."" 

- "® Votes cast for, 67,621 ; votes cast against, 32,902. 

^'° In 1870, votes favoring a convention, 24,846; votes against, 
82,039. In 1880, votes favoring, 69,762; votes against, 83,784. In 
1890, votes favoring a convention, 27,806; votes against, 159,394. 
Reprinted from Election Records. Shambaugh, Documentary Ma- 
terial Relating to the History of Iowa, No. 8, pp. 281-283. 



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VI 



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